2nd U.S. soldier in Iraq challenges eligibility

Says issue could decide if ‘we are a Constitutional Republic’

Another U.S. soldier on active duty in Iraq is joining a challenge to President Obama’s eligibility to be commander-in-chief, citing WND’s report on 1st Lt. Scott Easterling, who has agreed to be a plaintiff in a lawsuit over the issue, as his inspiration.

“I was inspired by 1LT Easterling’s story and am writing you to inform you that I would like to be added as a plaintiff against Obama as well if you feel it would help your case,” the soldier, identified for this report only as a reservist now on active duty in Iraq.

Easterling, who confirmed separately to WND that he is questioning Obama’s authority, wrote to Taitz that, “As an active-duty officer in the United States Army, I have grave concerns about the constitutional eligibility of Barack Hussein Obama to hold the office of president of the United States.”

The second soldier wrote, “I am an Army reservist who was activated last August and am currently serving with a military police battalion in Camp Bucca, Iraq. I will be here until at least June 2009.”

He continued, “When I enlisted last year I had to show my birth certificate, as well as my driver’s license, high school diploma, college transcripts, social security card; I also filled out loads of paperwork to include listing the names, addresses and phone numbers of my family members and had to answer any questions regarding foreign travel.

“I think it is reasonable for Obama to prove his citizenship status thus certifying his eligibility. I too raised my right hand and swore an oath to defend the Constitution of the United States,” he told Taitz. “I believe the case you are filing could very well determine if we are in fact a Constitutional Republic or a nation of mob rule. I would be honored to be a part of your efforts.”

Perhaps anticipating a wave of outrage from Obama supporters, he asked that he be given no “unnecessary publicity,” although his name eventually would become public when a case is filed.

Taitz told WND she was making contingency plans that could include her travel to Iraq should a military case be brought against the soldiers who are speaking their minds about Obama.

“I told him if there is any prosecution, he can get in touch with me. I would even fly to Iraq and work with the attorney there to provide his defense,” she told WND.

She said undoubtedly a part of the defense would be a demand for documentation on Obama’s actual qualifications to serve as U.S. president.

WND has reported on multiple legal challenges to Obama’s status as a “natural born citizen.” While representatives for Obama has called such claims “garbage,” the Constitution, Article 2, Section 1, states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Several of the cases have involved emergency appeals to the U.S. Supreme Court in which justices have declined to hear arguments. According to a report from the Associated Press today, another such case has been rejected. The appeal by Cort Wrotnowski alleged Obama was a British subject at birth and, therefore, ineligible to be president.

There was no comment from the court, the same treatment the justices have given cases brought by several other lawyers, including Philip Berg, Leo Donofrio and Taitz.

Taitz told WND she had advised Easterling to obtain legal counsel before making any statements regarding the commander-in-chief, but he insisted on moving forward. His contention is that as an active member of the U.S. military, he is required to follow orders from a sitting president, and he needs – on pain of court-martial – to know that Obama is eligible.

Taitz said other legal cases questioning Obama’s eligibility filed by members of the military mostly have included retired officers, and courts several times have ruled they don’t have standing to issue their challenge.

Easterling, however, is subject to enemy fire and certainly would have a reason to need to know the legitimacy of his orders, she argued.

“Until Mr. Obama releases a ‘vault copy’ of his original birth certificate for public review, I will consider him neither my Commander in Chief nor my President, but rather, a usurper to the Office – an impostor,” Easterling’s statement said.

Here is a partial listing and status update for some of the cases over Obama’s eligibility:

New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.

Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, brought on behalf of a retired military member who could be facing recall to active duty by Obama.

Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.

Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.

Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.

In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.

In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.

California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.